Tobacco Documents Online

HWU d6l "'tlb GG• u'o 1'K VI'lo UC I MU1 I olG JJG- 7GCO i u V1DEO MONITORING SERVICES OF AMERICA, INC • • Page: 2 Anderson: To be real honest, I think that if we had seen examples that could have been born in the evidence that Mr. Rogers had actually tried as hard as he said to, to quit, we perhaps would of come forth with a different verdict. Macanally: Tobacco lawyers and Wall Street watchers were celebrating. Bill Ohlemeyer (Philip Morris Attorney): This result, like so many other verdicts over the past forty years, is another example of a jury as you just heard, deciding that responsibility for these types of claims, rests with the individual and not with the companies. David Hardy (Philip Morris Tobacco): I'm not at all discouraged by the fact that the jury found some fault on our part, I'll take a victory thank you. Yvonne Rogers: I believe that in my husband's death, even though we lost this trial, that he has still made a difference, and a lot of people now are more aware of what is going on, and that he didn't lose his life in vain. Macanally: Wall Street was watching for this verdict. Stocks for tobacco companies has been down, and their were analysts all over the courtroom. It will be interesting to see Monday if those stock prices go back up. Jill ... Ditmire: And really kind of a double-edged decision there because they did say that'they felt tobacco companies were at least part in fault. Macanally: Right, and the part was the clincher there. You have to be more than fifty percent at fault in order to be held somewhat accountable- financially accountable. It was apparently well below fifty percent. Ditmire: okay. David Macanally, live downtown tonight. Thank you David. Jack Martin, co-anchor: And as he mentioned, financial analysts were watching this case. Legal experts were watching this case closely too, as the war against smoking seems to be waged more and more in the courts, and today, also from the White House. The verdict came in favor of the tobacco companies, yes. But is the tide beginning to turn. 0 Dr. David Orentlicher (Indiana University Purdue

Huu G( Jo ¢CCJ! rrt -1'17 L6rrtJi~'- ----' VIDEO MONITORING SERVICES OF AMERICA, INC • • Pege: 3 University Indianapolis): They may have won the battle but it certainly doesn't mean they're going to win the war. Martin: Dr. David Orentlicher is a law professor at IUPUI. This case, he says, may have swung the other way like a recent ruling in Florida if this jury was allowed to acknowledging nicotine is addictive. Orentlicher: You see all the evidence, as they did in Florida, then I think most people are going to feel tobacco companies have a responsibility to pay. Martin: A victory here in Indianapolis yes, a controversial defeat though, in Washington. President Bill Clinton (President, United States of America): With this historic action we are taking today, Joe Camel and the Marlboro Man will be out of our children's reach forever. Martin: The president announced sweeping measures to regulate tobacco advertising and its availability to teenagers. 'Big tobacco' is already lining up lawsuits and Kentucky's governor is joining suit. Will the government prevail? Orentlicher: The FDA thought very carefully before they went forward. I think they'll be able to survive legal challenges. We may see some negotiations along the way. Martin: Tobacco companies may feel under sieged with increasing law suits, increasing government control, and decreasing stock prices on Wall Street. But smoking is legal and ultimately, smokers are responsible for their decision to smoke. Orentlicher: Everybody knows what risks of cigarette smoking are. They're cancer sticks and everybody's known that. Martin: And ultimately, that's what most jury's consider when they decide these lawsuits. But the question of nicotine's addictiveness and the tobacco company's knowledge of how potent or how powerfully addictive nicotine may or may not be seems to be coming into greater play. Again here is what we know about the lawsuit, a Hoosier jury deliberated sixteen hours and found that cigarette companies were not blame for the cancer death of an Indianapolis man. That decision is a break for the tobacco industry, which lost a Florida lawsuit this month and now faces sweeping federal regulations. # # # • ** TOTAL PRGE.06 **

1.U( VIDEO MONITORING SERVICES OFAMERICA, L.P, Zd#0.71aAvrRocdSrtre311 191ry3.4M10 MlmasMs 7O CG•l'JO rR VI17 LGI1VI l NewYoei [atAup.ht CNwpu PhilnOtlp" San inerJten RI979S7010 RI.tB3yplll (l171 g{y/131 D195S4LSRa HI96Ud38t BOMwn DHNt wali¢Bfen Nmretuu MSimi l6In2e62J77 046fi6tM aDD3Ai711a Oldll@Rlds RD967dy5gl. DOaVI/ Nef!(eA SfuDiyp (3D3/ BMF714 R0M1d69 ,8I8f461960 Transcript • 0 DATE August 23, 1996 TIME 10:00-10:30 PM STATION WNDY-TV LOCATION Indianapolis PROGRAM Eyewitness News at 10 Jill Ditmire, co-anchor: Here's what's new tonight. A victory for 'big tobacco' tonight in a case the nation is watching. A Marion County jury is in the spotlight tonight. The five-women, one-man jury found in favor of four big cigarette makers and against the widow of a cancer victim. Eyewitness News reporter, David Macanally, is live at the City-County Building tonight with more. David ... David Macanally reporting: The jury deliberated eighteen hours over two days before reaching a verdict. It felt for the family of that cancer victim, but it also felt that the smoker was responsible for his own health_ Yvonne Rogers (Widow of Richard Rogers): I'm very disappointed in the verdict. I'm very sorry that we've lost this battle. I don't believe it's the end of the war against the tobacco industry ... Macanally: Yvonne Rogers and her lawyers are not sure if they'll appeal. Richard Rogers, a lawyer, died nine years ago of lung cancer. He smoked all his life. His family blames four tobacco industries for making what they call, an addictive and dangerous product. They asked this Marion County Jury to hold R.J. Reynolds, Liggett American, and Philip Morris liable. The jury did not. David Anderson (Jury Foreman): We feel that Richard Rogers bore a greater responsibility for the condition that caused his death than did the actions of the defendants. Macanally: But the jury held this rare news conference to let the public know it was not endorsing the tobacco industry, and found tobacco partly negligent because it knew, they said, it made a dangerous product. MalrifleupykMbrVlpMmxYvmPSeti~es®oYWYN.'SlVfirevmlmMx:u0p8a'mlwrh. MYOa6karoa./NraioxNtabkRaN/Y1wpmlil'sluh'!lul. fYY t{droA1SfINIE/Ms,]YdipPARq4P} Oie/fA4NWlSE§~!f iMiXt}bWIAbIRtfWI~SUR'.~p.